Submission to the Senate Education and Employment Legislation Committee: Fair Work Legislation Amendment

The clear problem with the existing definition is that classification occurs upon the offer of employment, not by reference to the subsequent conduct of the parties. [...] The report documents numerous accounts from workers, unions, academics, and advocates about the extent to which casual employment affects the likelihood of workers making a sexual harassment complaint.14 What the report exposed was how the precarious nature of casual employment compounds the already relatively low levels of power casual employees have in the workplace, making speaking up about wor. [...] Platform mediated businesses, such as Sidekicker in the hospitality sector; Hireup in the care sector, and Weploy in the clerical and administrative sector, all hire workers as casual employees, providing them with the guarantees of pay and conditions set by Awards, and minimum conditions applicable to casual employees under the NES.22 We are concerned that the narrow definition proposed in this B. [...] This definition would maintain the common law position while giving the FWC and courts the ability to consider the full scope of the work relationship. [...] the contract is also for the supply of the use of an asset or for the production of goods for sale; c.